General terms and conditions of update Fitness AG

1. Applicability of the GTC and conclusion of contract

1.1 These general terms and conditions (GTC) apply to contracts of sale with customers that are concluded through the website of the provider (update Fitness AG).

1.2 The order is confirmed by the provider. The contract is concluded as soon as the confirmation reaches the buyer. If the confirmation fails to arrive within a reasonable period, the buyer regards this as a rejection of the order and is entitled to conclude the contract with another supplier.

2. Prices and special offers

2.1 Prices are stated in CHF or in euros. Value added tax and the advance recycling fee as well as handling are included. Unless stated otherwise, shipping costs are charged separately.

2.2 The provider reserves the right to change prices at any time. The prices published on the website on the date of the order apply to customers.

2.3 The conditions for promotions and discounts can be accessed with the relevant information.

3. Delivery terms / right of rescission

3.1 Delivery normally takes place within 7 working days. If a longer delivery period is necessary, the customer is informed at the latest once that period has elapsed. If no such information is given, the customer is entitled to forgo the delivery.

3.2 If delivery is delayed by more than two weeks without the customer having been informed of this beforehand, the customer has a right to rescind the contract of sale. The goods are to be returned to update Fitness AG, and the customer bears the return shipping costs.

The buyer has a 14-day right of withdrawal through the website. Fitness memberships are excluded from the right of rescission. The goods must be returned within 14 days of receipt (timely dispatch is decisive). We refund the payments or cancel the invoice as soon as we have received the goods. Notice of withdrawal is to be addressed to: update Fitness AG, Murgtalstrasse 20, 9542 Münchwilen, Switzerland

The return shipping costs are borne by the buyer.

We reserve the right to deduct compensation for possible damage or excessive wear from the purchase price to be refunded. Please note that no right of withdrawal is granted for the following products: sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery.

3.3 If the goods delivered are defective, the customer has the right to rescind the contract of sale. The goods are to be returned to update Fitness AG, and in that case update Fitness AG bears the return shipping costs.

3.2 Deliveries are made only to customers whose domicile or registered office is in Switzerland or in the Principality of Liechtenstein.

4. Liability and warranty

4.1 The provider warrants for a period of 12 months that the goods have the warranted qualities, are free from defects that impair their value or their fitness for the intended use, and comply with the prescribed performance and specifications.

4.2 The buyer must inspect the delivered goods as quickly as possible and report defects immediately. The responsible customer service can be reached at [email protected], on telephone 0840 0840 40, through the contact form provided on the website, or in writing at the address given in the imprint of the website. Latent defects can still be raised after the goods have been put into operation or used. Making payments does not constitute a waiver of the right to give notice of defects.

4.3 If there is a defect, the buyer has the choice of demanding repair free of charge, of deducting from the price an amount corresponding to the reduction in value, of rescinding the contract or of obtaining a replacement delivery. The buyer’s right to claim damages remains reserved in all cases.

5. Payment and retention of title

5.1 At the customer’s request, payment is possible in the following ways:

• Credit card (VISA and Mastercard)
• TWINT
• Postcard

5.2 The delivered goods remain the property of the provider until they have been paid for in full.

6. Liability for the online connections

6.1 The provider undertakes to ensure security according to the current state of the art in systems, programs and the like that belong to it and over which it has influence, and to comply with the rules of data protection.

6.2 Customers must ensure the security of the systems, programs and data within their own sphere of influence. In their own interest, customers should keep passwords and user names secret from third parties.

6.3 The provider is not liable for defects and disruptions for which it is not responsible, above all not for security defects and operational failures of third-party companies with which it works or on which it depends.

6.4 Furthermore, the provider is not liable for force majeure, improper conduct and disregard of the risks on the part of the customer or of third parties, excessive use, unsuitable operating equipment of the customer or of third parties, extreme environmental influences, interventions by the customer or disruptions by third parties (viruses, worms and the like) that occur despite the necessary up-to-date security precautions.

7. Data protection

You will find information on the processing of personal data and on data protection in our privacy policy.

8. Applicable law and place of jurisdiction

8.1 Swiss law applies, in particular the provisions of the Code of Obligations (CO).

8.2 The place of jurisdiction is the registered office of the provider.